Office of the Revisor of Statutes
SF 1346
1st Engrossment - 94th Legislature (2025 - 2026)
Posted on 03/07/2025 02:37 p.m.
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A bill for an act
relating to occupational safety; requiring holders of permits to harvest or destroy
aquatic plants to safely use scuba diving equipment; establishing requirements for
commercial diving operations; amending Minnesota Statutes 2024, section
103G.615, subdivisions 1, 3; proposing coding for new law in Minnesota Statutes,
chapter 182.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. new text begin CITATION.
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This act may be cited as the "Brady Aune and Joseph Anderson Safety Act."
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new text begin EFFECTIVE DATE. new text end
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This section is effective the day following final enactment.
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Sec. 2.
Minnesota Statutes 2024, section 103G.615, subdivision 1, is amended to read:
Subdivision 1.
Issuance; validity.
(a) The commissioner may issue a state general permit
to a governmental subdivision or to the general public to conduct one or more projects
described in this subdivision. The commissioner may issue permits, with or without a fee,
to:
(1) gather or harvest aquatic plants, or plant parts, other than wild rice from public waters;
(2) transplant aquatic plants into public waters;
(3) destroy harmful or undesirable aquatic vegetation or organisms in public waters
under prescribed conditions to protect the waters, desirable species of fish, vegetation, other
forms of aquatic life, and the public.
(b) Application for a permit and a notification to request authorization to conduct a
project under a general permit must be accompanied by a fee, if required.
(c) An aquatic plant management permit is valid for one growing season and expires on
December 31 of the year it is issued unless the commissioner stipulates a different expiration
date in rule or in the permit.
(d) A general permit may authorize a project for more than one growing season.
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(e) To receive a commercial mechanical control permit under this section:
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(1) the applicant must inform the commissioner whether scuba diving equipment will
be used during any activity authorized by the permit. If the applicant indicates that scuba
diving equipment will be used, the commissioner must provide the applicant with the
information sheet required under section 182.679, subdivision 5; and
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(2) the applicant must provide documentation to the commissioner verifying that a
third-party on-site hazard survey was completed in the last year by a qualified safety
professional who observed the applicant's work using scuba diving equipment. The
documentation must include a written report of the findings and recommendations to reduce
the risk of injury or illness to employees that are scuba diving. The written report must
include an evaluation of specific safety practices, equipment, and training. A qualified safety
professional includes:
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(i) a Department of Labor and Industry workplace safety and health consultant;
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(ii) a workers' compensation loss-control representative, with approval from an insurance
underwriter; or
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(iii) a private safety consultant.
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new text begin EFFECTIVE DATE. new text end
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This section is effective October 1, 2025, and applies to permits
issued on or after that date.
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Sec. 3.
Minnesota Statutes 2024, section 103G.615, subdivision 3, is amended to read:
Subd. 3.
Permit standards.
new text begin (a) new text end The commissioner shall, by rule, prescribe standards to
issue and deny permits under this section. The standards must ensure that aquatic plant
control is consistent with shoreland conservation ordinances, lake management plans and
programs, and wild and scenic river plans.
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(b) The commissioner may not issue or renew a permit under this section to any person
who:
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(1) has received one or more willful violations of an occupational safety and health
standard adopted under chapter 182 involving scuba diving during the previous two years;
or
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(2) has contested one or more willful violations of an occupational safety and health
standard adopted under chapter 182 involving scuba diving during the pendency of a
contested case.
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(c) The commissioner may not issue or renew a permit under this section to a successor
person. "Successor person" means a person that shares three or more of the following with
the person who received or contested a violation under paragraph (b):
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(1) has one or more of the same owners, members, principals, officers, or managers;
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(2) performs similar work within the state of Minnesota;
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(3) has one or more of the same telephone or fax numbers;
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(4) has one or more of the same email addresses or websites;
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(5) employs or engages substantially the same individuals to provide or perform services;
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(6) uses substantially the same vehicles, facilities, or equipment; or
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(7) lists or advertises substantially the same project experience and portfolio of work.
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new text begin EFFECTIVE DATE. new text end
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This section is effective October 1, 2025, and applies to violations
committed on or after that date.
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Sec. 4.
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[182.679] COMMERCIAL DIVING OPERATIONS.
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new text begin Subdivision 1. new text end
new text begin Application. new text end
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This section applies to persons who are conducting
self-contained underwater breathing apparatus (scuba) diving at a place of employment
when making improvements to land, including the removal of aquatic plants.
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new text begin Subd. 2. new text end
new text begin Certification required for commercial diving operations. new text end
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No employer, and
no person who is under a contract to make improvements to land, may allow any individual
subject to this section to conduct scuba diving unless that individual has (1) a valid open
water scuba diver certificate, or a more advanced certificate, received from a nationally
recognized and accredited certification program or agency; and (2) completed CPR and
first-aid certification training.
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new text begin Subd. 3. new text end
new text begin Equipment requirements. new text end
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An employer must require the use of the following
equipment when an individual subject to this section is scuba diving:
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(1) a buoyancy-control device;
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(2) an illuminated dive beacon;
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(3) fins, mask, and snorkel;
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(4) a compressed gas cylinder and valve;
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(5) a primary regulator and alternate air source;
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(6) a breathing-gas monitoring device;
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(7) a depth-monitoring device;
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(8) a quick-release weight system and weights;
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(9) adequate exposure protection appropriate for local dive conditions;
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(10) at least one audible emergency surface-signaling device; and
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(11) a dive computer or recreational dive planner (RDP).
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new text begin Subd. 4. new text end
new text begin Additional safety requirements. new text end
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An employer must require that an individual
who has a valid rescue diver certificate received from a nationally recognized and accredited
certification program must also be on-site when an individual subject to this section is scuba
diving.
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new text begin Subd. 5. new text end
new text begin Penalties. new text end
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An employer may be cited by the commissioner for violations of
subdivisions 2 and 3. Citations are punishable under section 182.666.
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new text begin Subd. 6. new text end
new text begin Information for employers. new text end
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The commissioner must develop an information
sheet for employers who have or intend to have one or more employees use scuba diving
equipment in the workplace. The information sheet must explain the requirements of this
section and include any applicable federal requirements for employers. The commissioner
must post the information sheet on the department's website. The commissioner must also
deliver the information sheet to the commissioner of natural resources to provide to
businesses according to section 103G.615, subdivision 1, paragraph (e).
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new text begin EFFECTIVE DATE. new text end
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This section is effective May 1, 2025.
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